Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1887-12-14
A VALID STATUTE.

II.
WASHINGTON. December 6, 1851.
a VALID STATUTE.
Tho Constitutionality of tho Kansas
Liquor Law Affirmed by tho United
States Supreme Court-Nu Compensa-
ton for Property Rendered Worthless.
WASHINGTON, Dec <7.-Justice Harlan de-
livered the opinion Of the Supreme Court
Monday In the two sO-called prohibit on
cases of Joseph Mulger. plaintiff in error,
VS.. The State of Kansas, and in the case OF
the State of Kansas vs. Herman ZieDoid
and others, affirming the Judgment Of the
lower court In the two Muigar cases. and
reversing the Judgment in the .Zieboid
case. The effect of this opinion
Is to declare valid the prohibition
laws of the State of Kansas. and is, OF
course, victory for the P1ohblionists.
The court said that the case came up under
the laws of Kansas declaring the main5e-
nance Of building for the manufacture
and sale of int0xicants q misdemeanor. 1t
was commended that this law was unconsEi-
tutionM because it abridged. the rights OF
citizens to property without due process OF
law, the building used as brewery being
of little value for any other purpose.
Justice Harlan said it had been held re-
peatedly that the right of State to regu-
late the sale of liquor did not invade the
constitutional rights OF The citizen. It was
contended, however, he said, that no State
Legislature had right to prohibit any per.
son from manufacturing liquor for his own
use or for export, for the reason that it was
an invasion on the personal liberty in.
herenJ in citizens. 1t must be OBJ
served, however, he said, that tho right to
manufacture drink for ones own use Was
subject to the restriction that it should not
affect the public The right TO
determine what was injurious had to exist
and the right of determining
what measures were necessary for the pres
ervatiOn of the public morals, health and
safety had heretofore been vested in the
States by the Institutional right given
them under The police power to regulate
their own internal concerns While this
police power could not be abused and muss
only be exercised for objects OF real merit,
this court would certainly not say that the
liquor traffic Was not one which the State
could lawfully prohibit, because it was we'll
known that the abuse of incoxicants was
productive of pauperism and crime
The next ground Of contention, the JUS
tice said, was, that the breweries had been
erected prior to the passage Of the prohibit
ton law, and as they were of little use ex-
cept for breweries, their property was
taken without due process of law in
violation of the constitution But all
under our form of govern
ment, he held, was subject to the obliga-
ton that it should not be ussd so
rs to injuriously affect the rights OF the
and thereby become nuisance
The Sta.e Of Kansas had q right to prohibit
the liquor traffic It did not thereby take
away the property of brewers It Simply
abated nuisance. The property was not
taken away from it's owners; they were
only prohibited from using it for specific
purpose, which the Legislature declared to
be injurious to the community.
Justice Field concurred in the opinion so far
as 1t related to the two cases in which the State
OF Kansas was defendant, but dissented as to
tho case Of the State of Kansas VS.. lie
bold. He agreed, he SAID, to SO
much OF the opinion as sustalns the validity
of the act OF Kansas prohibiting the
sale of intoxicants which ore manufactured
In the State after the passage OF the act. He
was not prepared, however, to say that the pro.
hibition Of the manufacture OF such liquors, II
intended for expectation, can be sustained, nor
regulations for the protection OF the health
and morals OF the people OF any article
which Congress may authorize to be imported
He was not ready to admit that New York or
any other coast State can thus defeat IN act
Of Congress. Neither could he concur IN the
validity Of the thirteenth section of the Pro-
hibtion act OF Kansas, because no believed
it authorized the destruction OF property
without due process OF law. He could not
see upon what principle the Legisla-
ture, after closing the brewery, can order
the destruction OF liquor, which it admits may
to valuable for medical or mechanical pur-
poses; nor could he see why the protection Of
the morals OF the State required the destruc-
ton OF bottles and other utensils after the
liquor had been emptied from them.
Topeka, Kan, Dec 1.-THE decision of the
United States Supreme Court sustaining
the prohibitory laws of this State ia con-
coded on all sides to be great victory for
and Is received with quite gen.
of +, the Prohibitionists.
The anti Prohibitionists say they had
little hope Of decision in their favor,
and that they do not desire to defeat
prohibition in this way. They believe the
law will become SO obnoxious that the peo-
pie themselves will nulllfyitl Whether the
decision Of the Supreme Court had been for
or against it would have had but little ef-
fect on prohibition In Kansas for the reason
that there are but four ,brewerles in Kan
sas now being operated, and the State
of Kansas could and would have conpen-
stated the owners for whatever loss they
would have sustained had the decis on been
against prohibition The question was of
more Importance to other States in the,
Union than to i Kansas Prohibitionists
claim that an adverse opinion would have
ended the struggle for prohibi-
tion in Illinois, Kentucky, Tennessee and
many other States in the Union where there
are millions Of dollars invested in breweries
and distill eriea Il 81 . 81 :.s.5 .#s 81 :.
Victories for LOCAL Option. n n
DErRo1T. Mich, Dec Four more
counties Monday voted In favor of local
option, thus settling the question afarma-
lively for q considerable section of North
ern Michigan Benzle County carried the
measure BY 400 votes, Grand Travers
County by 900, and Antrim and Lenawee
Counties by small majoritlea 5s$
M 4 Death Of the Norman Prophecies.
SALT LAKE. CRY, u II. Dec 7..-Eliza r 4
Snow, poetess and prophecies Of the Nor.
mons, and plurnl wife Of Joe Smith, die 4.
aged "a years She was one o.